i know he's got his view of senator lindsey graham's comments. i welcome judge napolitano, senior judicial analyst for fox news. judge, do we designate this guy enemy combatant or treat him through the criminal justice system? >> well, first good evening, governor. it's a pleasure to be on your show. thanks for having me. senator graham is well known to many of us at fox. he's also a friend of mine. no one can question his motivation. but we'll start with a couple of basics. the first is that the constitution is the supreme law of the land. how do we know that? it says it in the constitution. the second is everybody who works for the government -- you did this when you were the governor of a, i di arkansas, in i was a superior court of new jersey -- takes an oath. the proper procedure here is to prosecute the surviving of the two brothers in the federal district court, probably not in boston. i don't know how he can get a fair trial in boston, but in some federal district court somewhere that has jurisdiction over these crimes. remember, tim mcve